Rough time for the Lionel Hutz of Carl Schmitts:
Attorney John Eastman, an architect of Donald Trump’s last-ditch efforts to subvert the 2020 election, is asking a California judge to postpone disbarment proceedings lodged against him, saying he’s increasingly concerned he’s about to be criminally charged by special counsel Jack Smith.
“[R]ecent developments in the investigation have renewed and intensified [Eastman’s] concerns that the federal government might bring charges against him,” his attorneys Randall Miller and Zachary Mayer wrote in an Aug. 4 filing posted to the court’s public docket on Monday.
Miller said the growing concern about criminal charges might prompt Eastman to assert his Fifth Amendment rights during disbarment proceedings. The Fifth Amendment generally allows people to refuse to provide testimony that could be used against them. But invoking the Fifth Amendment in the disbarment proceedings would jeopardize Eastman’s ability to defend his law license, his lawyers wrote.
“[Eastman] requests that the Court exercise its discretion to stay the State Bar’s disciplinary proceeding against him pending resolution of a parallel criminal investigation being conducted by Special Counsel Jack Smith and any trial or other proceedings that may result from that investigation,” Miller and Mayer wrote.
Bar discipline authorities have charged Eastman with multiple violations of professional rules and ethics — as well as the law — in his effort to upend the certified results of the 2020 election. Eastman’s bar discipline trial began in June — and he had even testified for several hours without asserting his Fifth Amendment rights. But it was postponed to late August after the proceedings ran longer than the initially anticipated two weeks.
“You shouldn’t be able to disbar me right now because I’m probably about to get charged with various major felonies” is certainly an…interesting argument.
Speaking of people associated with University of Chicago Law, this amazing pro se lawsuit filed by a guy who was ultimately too much of a creepy kiss-ass for Richard Epstein to tolerate just keeps escalating. (Also note how everyone in the conservative legal world who pretends to be 100% sure a liberal clerk leaked the Dobbs draft somehow knew Roe was going to be overruled in February, and made sure to say it wasn’t just because of the oral argument.)